Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc. (Sub File of 3:08-cv-227-ECR-VPC)

Filing 108

ORDER GRANTING 103 Joint/Stipulated Motion for Entry of Amended Briefing Schedule. Bullion shall file an Amended Opposition to Barrick's Motion for Summary Judgment. The Amended Opposition shall be filed under seal and shall sup ersede and replace the original opposition filed 09/07/2010. Goldstrike shall file an Amended Reply to Barrick's Motion for Summary Judgment. The Amended Reply shall be filed under seal and shall supersede and replace the original repl y filed 09/24/2010. Bullion shall have until 12/28/2010 to file a supplement to the Amended Opposition which shall be filed under seal. Goldstrike shall have until 01/11/2011 to file a supplement to the Amended Reply which shall be filed under seal.The Clerk shall retrieve and destroy the original opposition (09/07/2010) and reply (09/24/2010). (See Order for specific) (Amended Responses due by 12/28/2010. Amended Replies due by 1/11/2011) Signed by Judge Edward C. Reed, Jr on 12/9/2010. (Copies have been distributed pursuant to the NEF - MLC)

Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc. (Sub File of 3:08-cv-227-ECR-VPC)

Doc. 108

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PARSONS BEHLE & LATIMER

PARSONS BEHLE & LATIMER Michael R. Kealy (Nevada Bar No. 0971) 50 West Liberty Street, Suite 750 Reno, NV 89501 Telephone: [phone] Facsimile: [phone] Francis M. Wikstrom (Utah Bar No. 3462; admitted pro hac vice) Michael P. Petrogeorge (Utah Bar No. 8870; admitted pro hac vice) Brandon J. Mark (Utah Bar No. 10439; admitted pro hac vice) One Utah Center 201 South Main Street, Suite 1800 Salt Lake City, UT 84111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Barrick Goldstrike Mines Inc. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA

BULLION MONARCH MINING, INC., Bullion Monarch, v. BARRICK GOLDSTRIKE MINES, INC., Defendant.

Case No. 03:09-cv-612-ECR-VPC (Sub File of 3:08-cv-227-ECR-VPC) JOINT AND STIPULATED MOTION FOR ENTRY OF AMENDED BRIEFING SCHEDULE PURSUANT TO MAGISTRATE COOKE'S NOVEMBER 16, 2010 ORDER [DOC. # 100] ORDER GRANTING

Plaintiff Bullion Monarch Company, Inc. ("Bullion") and defendant Barrick Goldstrike Mines, Inc. ("Barrick") jointly move this Court for an amended briefing schedule as set forth in paragraphs 6(a) through 6(d) below. The motion is based on the following stipulations and agreements: 1. On September 24, 2010, Goldstrike filed a Motion for Protective Order Relating to

Documents Inadvertently Disclosed by Newmont USA Limited [Doc. # 89] (the "Motion for
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PARSONS BEHLE & LATIMER

Protective Order"). The Motion for Protective Order explained that Goldstrike asserted privilege claims with respect to certain documents that were produced to Bullion by Newmont USA Limited ("Newmont") on August 9, 2010, including documents which had been included as exhibits to and discussed in "Bullion Monarch Mining, Inc.'s Opposition to Defendant Barrick Goldstrike Mines Inc.'s Motion for Summary Judgment Based on a Lack of Obligation Under the 1979 Agreement" filed under seal on September 7, 2010 [Doc. # 67]. 2. 4, 2010. 3. On November 16, 2010, Magistrate Cooke entered an order granting in part and Magistrate Cooke held a hearing on the Motion for Protective Order on November

denying in party Goldstrike's Motion for Protective Order [Doc. # 100] (the "Order"). The Order required, among other things, that Bullion "review the court's docket to identify where in the court record protected documents included in defendant's `claw back log' appear" and to "file a notice with the clerk of court to strike all identified protected documents from the record." (Order at 13-14.) 4. On November 22, 2010, Bullion filed a notice [Doc. # 102] indicating that Bullion

was withdrawing Exhibits 9 and 16 of the document filed under seal and entitled "Clayton P. Brust Affidavit in Support of Opposition to Barrick Goldstrike Mines, Inc.'s Motion for Summary Judgment Based On A Lack of Obligation Under the 1979 Agreement" [Docket No. 68] pursuant to the November 16 Order, and requesting that those exhibits be stricken from the record. 5. The Order also recognized that Bullion may wish to "amend its briefing to

substitute references to non-privileged material" (Order at 12), and ordered the parties to "meet and confer to develop an amended briefing schedule for the case" for the Court's approval (Order at 14). 6. Based on the Order, and as a result of discussions between counsel, Bullion and

Goldstrike hereby stipulate and agree as follows:
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a.

Bullion shall simultaneously herewith file an "Amended Bullion Monarch Mining,

Inc.'s Opposition to Defendant Barrick Goldstrike Mines Inc.'s Motion for Summary Judgment Based on a Lack of Obligation Under the 1979 Agreement" that redacts all reference to the privileged and withdrawn exhibits (the "Amended Opposition"). The Amended Opposition shall be filed under seal, and shall supersede and replace the original "Bullion Monarch Mining, Inc.'s Opposition to Defendant Barrick Goldstrike Mines Inc.'s Motion for Summary Judgment Based on a Lack of Obligation Under the 1979 Agreement" that was filed under seal on September 7, 2010 ("Original Opposition"). The clerk of the court shall retrieve from all court files and destroy the original and all copies of the Original Opposition. b. Goldstrike shall simultaneously herewith file an "Amended Reply Memorandum

in Support of Barrick Goldstrike Mines Inc.'s Motion for Summary Judgment on All Claims Based on a Lack of Obligation Under the 1979 Agreement" that redacts all reference to the privileged and withdrawn exhibits (the "Amended Reply"). The Amended Reply shall be filed under seal, and shall supersede and replace the original "Reply Memorandum in Support of Barrick Goldstrike Mines Inc.'s Motion for Summary Judgment on All Claims Based on a Lack of Obligation Under the 1979 Agreement" filed under seal on September 24, 2010 ("Original Reply"). The clerk of the court shall retrieve from all court files and destroy the original and all copies of the Original Reply. c. Bullion shall have up to and including Tuesday, December 28, 2010, to file a

supplement to the Amended Opposition (the "Supplemental Opposition"). The Supplemental Opposition shall be limited to the proffering of new evidence in support of the points previously supported with the withdrawn exhibits. The Supplemental Opposition shall be filed under seal. d. Goldstrike shall have up to and including Tuesday, January 11, 2011, to file a

supplement to the Amended Reply (the "Supplemental Reply"). The Supplemental Reply shall be limited to responding to the new evidence proffered in the Supplemental Opposition. The Supplemental Reply shall be filed under seal.
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Dated: December 3, 2010.

ROBINSON, BELAUSTEGUI, SHARP & LOW

By: /s/ Clayton P. Brust Clayton P. Brust, Esq.
(Signed with permission by Filing Attorney)

Attorneys for Bullion Monarch Mining, Inc.

Dated: December 3, 2010.

PARSONS BEHLE & LATIMER

By: /s/ Michael P. Petrogeorge Francis M. Wikstrom Michael R. Kealy Michael P. Petrogeorge Brandon J. Mark Attorneys for Barrick Goldstrike Mines Inc.

IT IS HEREBY ORDERED that the requirements set forth in paragraphs 6(a) through 6(d) above shall be and hereby are entered as the Order of the Court on such matters.

________________________________ UNITED STATES DISTRICT JUDGE December 9, 2010 DATED: ________________________

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